[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 675 Referred in Senate (RFS)]

114th CONGRESS
  1st Session
                                H. R. 675


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 29, 2015

Received; read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 AN ACT


 
      To increase, effective as of December 1, 2015, the rates of 
 compensation for veterans with service-connected disabilities and the 
  rates of dependency and indemnity compensation for the survivors of 
 certain disabled veterans, to amend title 38, United States Code, to 
  improve the United States Court of Appeals for Veterans Claims, to 
improve the processing of claims by the Secretary of Veterans Affairs, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Veterans' 
Compensation Cost-of-Living Adjustment Act of 2015''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
            TITLE I--COMPENSATION COST-OF-LIVING ADJUSTMENT

Sec. 101. Increase in rates of disability compensation and dependency 
                            and indemnity compensation.
Sec. 102. Publication of adjusted rates.
      TITLE II--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

Sec. 201. Extending temporary expansion of United States Court of 
                            Appeals for Veterans Claims.
Sec. 202. Recall of retired judges of United States Court of Appeals 
                            for Veterans Claims.
Sec. 203. Life insurance program relating to judges of United States 
                            Court of Appeals for Veterans Claims.
Sec. 204. Voluntary contributions to enlarge survivors' annuity.
Sec. 205. Salaries of judges of United States Court of Appeals for 
                            Veterans Claims.
Sec. 206. Selection of chief judge of United States Court of Appeals 
                            for Veterans Claims.
              TITLE III--IMPROVEMENT OF CLAIMS PROCESSING

Sec. 301. Interim payments of compensation benefits under laws 
                            administered by the Secretary of Veterans 
                            Affairs.
Sec. 302. Claims processors training.
Sec. 303. Notice of average times for processing claims and percentage 
                            of claims approved.
                        TITLE IV--OTHER MATTERS

Sec. 401. Clarification of eligible recipients of certain accrued 
                            benefits upon death of beneficiary.
Sec. 402. Observance of Veterans Day.

            TITLE I--COMPENSATION COST-OF-LIVING ADJUSTMENT

SEC. 101. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY 
              AND INDEMNITY COMPENSATION.

    (a) Rate Adjustment.--Effective on December 1, 2015, the Secretary 
of Veterans Affairs shall increase, in accordance with subsection (c), 
the dollar amounts in effect on November 30, 2015, for the payment of 
disability compensation and dependency and indemnity compensation under 
the provisions specified in subsection (b).
    (b) Amounts To Be Increased.--The dollar amounts to be increased 
pursuant to subsection (a) are the following:
            (1) Wartime disability compensation.--Each of the dollar 
        amounts under section 1114 of title 38, United States Code.
            (2) Additional compensation for dependents.--Each of the 
        dollar amounts under section 1115(1) of such title.
            (3) Clothing allowance.--The dollar amount under section 
        1162 of such title.
            (4) Dependency and indemnity compensation to surviving 
        spouse.--Each of the dollar amounts under subsections (a) 
        through (d) of section 1311 of such title.
            (5) Dependency and indemnity compensation to children.--
        Each of the dollar amounts under sections 1313(a) and 1314 of 
        such title.
    (c) Determination of Increase.--
            (1) Percentage.--Except as provided in paragraph (2), each 
        dollar amount described in subsection (b) shall be increased by 
        the same percentage as the percentage by which benefit amounts 
        payable under title II of the Social Security Act (42 U.S.C. 
        401 et seq.) are increased effective December 1, 2015, as a 
        result of a determination under section 215(i) of such Act (42 
        U.S.C. 415(i)).
            (2) Rounding.--Each dollar amount increased under paragraph 
        (1), if not a whole dollar amount, shall be rounded to the next 
        lower whole dollar amount.
    (d) Special Rule.--The Secretary of Veterans Affairs may adjust 
administratively, consistent with the increases made under subsection 
(a), the rates of disability compensation payable to persons under 
section 10 of Public Law 85-857 (72 Stat. 1263) who have not received 
compensation under chapter 11 of title 38, United States Code.

SEC. 102. PUBLICATION OF ADJUSTED RATES.

    The Secretary of Veterans Affairs shall publish in the Federal 
Register the amounts specified in section 101(b), as increased under 
that section, not later than the date on which the matters specified in 
section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 
415(i)(2)(D)) are required to be published by reason of a determination 
made under section 215(i) of such Act during fiscal year 2016.

      TITLE II--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SEC. 201. EXTENDING TEMPORARY EXPANSION OF UNITED STATES COURT OF 
              APPEALS FOR VETERANS CLAIMS.

    Section 7253(i)(2) of title 38, United States Code, is amended by 
striking ``January 1, 2013'' and inserting ``January 1, 2020''.

SEC. 202. RECALL OF RETIRED JUDGES OF UNITED STATES COURT OF APPEALS 
              FOR VETERANS CLAIMS.

    Paragraph (1) of section 7257(b) of title 38, United States Code, 
is amended to read as follows:
    ``(1)(A) The chief judge may recall for further service on the 
Court a recall-eligible retired judge in accordance with this section. 
Such a recall shall be made upon written certification by the chief 
judge that substantial service is expected to be performed by the 
retired judge for such period, not to exceed 90 days (or the 
equivalent), as determined by the chief judge to be necessary to meet 
the needs of the Court.
    ``(B)(i) A recall-eligible judge may request that the chief judge 
recall the recall-eligible judge for a period of service of not less 
than 90 days (or the equivalent).
    ``(ii) The chief judge shall approve a request made by a recall-
eligible judge pursuant to clause (i) unless the chief judge certifies, 
in writing, that the Court does not have--
            ``(I) sufficient work to assign such recall-eligible judge 
        during the period of recalled service; or
            ``(II) sufficient resources to provide to such recall-
        eligible judge appropriate administrative and office support.
    ``(iii) At any time during the period of recalled service of a 
judge who is recalled pursuant to clause (i), the chief judge may 
terminate such recalled service if the chief judge makes a written 
certification described in clause (ii).''.

SEC. 203. LIFE INSURANCE PROGRAM RELATING TO JUDGES OF UNITED STATES 
              COURT OF APPEALS FOR VETERANS CLAIMS.

    (a) In General.--Section 7281 of title 38, United States Code, is 
amended by adding at the end the following:
    ``(j) For purposes of chapter 87 of title 5, a judge who is in 
regular active service and a judge who is retired under section 7296 of 
this title or under chapter 83 or 84 of title 5 shall be treated as an 
employee described in section 8701(a)(5) of title 5.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to any payment made on or after the first day of the 
first applicable pay period beginning on or after the date of the 
enactment of this Act.

SEC. 204. VOLUNTARY CONTRIBUTIONS TO ENLARGE SURVIVORS' ANNUITY.

    Section 7297 of title 38, United States Code, is amended by adding 
at the end the following new subsection:
    ``(p)(1) A covered judge who makes an election under subsection (b) 
may purchase, in 3-month increments, up to an additional year of 
service credit for each year of Federal judicial service completed, 
under the terms set forth in this section.
    ``(2) In this subsection, the term `covered judge' means any of the 
following:
            ``(A) A judge in regular active service.
            ``(B) A retired judge who is a recall-eligible retired 
        judge pursuant to subsection (a) of section 7257 of this title.
            ``(C) A retired judge who would be a recall-eligible 
        retired judge pursuant to subsection (a) of section 7257 but 
        for--
                    ``(i) meeting the aggregate recall service 
                requirements under subsection (b)(3) of such section; 
                or
                    ``(ii) being permanently disabled as described by 
                subsection (b)(4) of such section.''.

SEC. 205. SALARIES OF JUDGES OF UNITED STATES COURT OF APPEALS FOR 
              VETERANS CLAIMS.

    Section 7253(e) of title 38, United States Code, is amended by 
striking ``district courts'' and inserting ``courts of appeals''.

SEC. 206. SELECTION OF CHIEF JUDGE OF UNITED STATES COURT OF APPEALS 
              FOR VETERANS CLAIMS.

    Section 7253(d) of title 38, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``and'';
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (C) by inserting after subparagraph (A) the 
                following new subparagraph (B):
            ``(B) are 64 years of age or under and have at least 3 
        years remaining in term of office; and''; and
            (2) by amending paragraph (2) to read as follows:
    ``(2)(A) In any case in which there is no judge of the Court in 
regular active service who meets the requirements under paragraph (1), 
the judge of the Court in regular active service who is senior in 
commission and meets subparagraph (A) or (B) and subparagraph (C) of 
paragraph (1) shall act as the chief judge.
    ``(B) In any case under subparagraph (A) of this paragraph in which 
there is no judge of the Court in regular active service who meets 
subparagraph (A) or (B) and subparagraph (C) of paragraph (1), the 
judge of the Court in regular active service who is senior in 
commission and meets subparagraph (C) shall act as the chief judge.''.

              TITLE III--IMPROVEMENT OF CLAIMS PROCESSING

SEC. 301. INTERIM PAYMENTS OF COMPENSATION BENEFITS UNDER LAWS 
              ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS.

    (a) In General.--Subchapter III of chapter 51 of title 38, United 
States Code, is amended by adding at the end the following new section:
``Sec. 5127. Interim payments of compensation benefits
    ``(a) In General.--In the case of a claim described in subsection 
(b), prior to adjudicating the claim, the Secretary shall make interim 
payments of monetary benefits to the claimant based on any disability 
for which the Secretary has made a decision or, with respect to such a 
disability that is not compensable, notify the claimant of the rating 
relating to such disability. Upon the adjudication of the claim, the 
Secretary shall pay to the claimant any monetary benefits awarded to 
the claimant for the period of payment under section 5111 of this title 
less the amount of such benefits paid to the claimant under this 
section.
    ``(b) Claim Described.--A claim described in this subsection is a 
claim for disability compensation under chapter 11 of this title 
(including a claim regarding an increased rating)--
            ``(1) the adjudication of which requires the Secretary to 
        make decisions with respect to two or more disabilities; and
            ``(2) for which, before completing the adjudication of the 
        claim, the Secretary makes a decision with respect to a 
        disability that would result in the payment of monetary 
        benefits to the claimant upon the adjudication of the claim.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end of the items relating to 
such subchapter the following new item:

``5127. Interim payments of compensation benefits.''.

SEC. 302. CLAIMS PROCESSORS TRAINING.

    (a) Establishment.--The Secretary of Veterans Affairs shall 
establish a training program to provide newly hired claims processors 
of the Department of Veterans Affairs with training for a period of not 
less than 2 years. In carrying out such program, the Secretary shall 
identify successful claims processors of the Department who can assist 
in the training of newly hired claims processors.
    (b) Ability To Process Claims.--The Secretary shall carry out the 
training program established under subsection (a) without increasing 
the amount of time in which claims are processed by the Department.
    (c) Effective Date.--This section shall take effect on the date 
that is 1 year after the date of the enactment of this Act.

SEC. 303. NOTICE OF AVERAGE TIMES FOR PROCESSING CLAIMS AND PERCENTAGE 
              OF CLAIMS APPROVED.

    (a) Public Notice.--The Secretary of Veterans Affairs shall post 
the information described in subsection (c)--
            (1) in a conspicuous place in each regional office and 
        claims intake facilities of the Department of Veterans Affairs; 
        and
            (2) on the Internet Web site of the Department.
    (b) Notice to Applicants.--
            (1) In general.--The Secretary shall provide to each person 
        who submits a claim for benefits under the laws administered by 
        the Secretary before the person submits such claim--
                    (A) notice of the information described in 
                subsection (c); and
                    (B) notice that the person is eligible to receive 
                up to an extra year of benefits payments if the person 
                files a claim that is fully developed.
            (2) Acknowledgment of receipt of notice.--Each person who 
        submits a claim for benefits under the laws administered by the 
        Secretary shall include in such application a signed form 
        acknowledging that the person received the information 
        described in subsection (c).
    (c) Information Described.--
            (1) In general.--The information described in this 
        subsection is the following:
                    (A) The average processing time of the claims 
                described in paragraph (2) and the percentage of such 
                submitted claims for which benefits are awarded.
                    (B) The percentage of each of the following types 
                of submitted claims for benefits under the laws 
                administered by the Secretary of Veterans Affairs for 
                which benefits are awarded:
                            (i) Claims filed by veterans who authorized 
                        a veterans service organization to act on the 
                        veterans' behalf under a durable power of 
                        attorney.
                            (ii) Claims filed by veterans who 
                        authorized a person other than a veterans 
                        service organization to act on the veterans' 
                        behalf under a durable power of attorney.
                            (iii) Claims filed by veterans who did not 
                        authorize a person to act on the veterans' 
                        behalf under a durable power of attorney.
            (2) Claims described.--The claims described in this 
        paragraph are each of the following types of claims for 
        benefits under the laws administered by the Secretary of 
        Veterans Affairs:
                    (A) A fully developed claim that is submitted in 
                standard electronic form.
                    (B) A fully developed claim that is submitted in 
                standard paper form.
                    (C) A claim that is not fully developed that is 
                submitted in standard electronic form.
                    (D) A claim that is not fully developed that is 
                submitted in standard paper form.
                    (E) A claim that is not fully developed that is 
                submitted in non-standard paper form.
            (3) Update of information.--The information described in 
        this subsection shall be updated not less frequently than once 
        each fiscal quarter.

                        TITLE IV--OTHER MATTERS

SEC. 401. CLARIFICATION OF ELIGIBLE RECIPIENTS OF CERTAIN ACCRUED 
              BENEFITS UPON DEATH OF BENEFICIARY.

    (a) Eligibility of Estate.--Section 5121(a)(2) of title 38, United 
States Code, is amended--
            (1) in the matter preceding subparagraph (A), by inserting 
        ``, or estate,'' after ``person''; and
            (2) by adding at the end the following new subparagraph:
                    ``(D) The estate of the veteran (unless the estate 
                will escheat).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to the death of an individual on or after the date 
that is 2 years after the date of the enactment of this Act.

SEC. 402. OBSERVANCE OF VETERANS DAY.

    (a) Two Minutes of Silence.--Chapter 1 of title 36, United States 
Code, is amended by adding at the end the following new section:
``Sec. 145. Veterans Day
    ``The President shall issue each year a proclamation calling on the 
people of the United States to observe 2 minutes of silence on Veterans 
Day in honor of the service and sacrifice of veterans throughout the 
history of the Nation, beginning at--
            ``(1) 3:11 p.m. Atlantic standard time;
            ``(2) 2:11 p.m. eastern standard time;
            ``(3) 1:11 p.m. central standard time;
            ``(4) 12:11 p.m. mountain standard time;
            ``(5) 11:11 a.m. Pacific standard time;
            ``(6) 10:11 a.m. Alaska standard time; and
            ``(7) 9:11 a.m. Hawaii-Aleutian standard time.''.
    (b) Clerical Amendment.--The table of sections for chapter 1 of 
title 36, United States Code, is amended by adding at the end the 
following new item:

``145. Veterans Day.''.

            Passed the House of Representatives July 28, 2015.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.